N.Y. ADC. LAW § 16-123 : NY Code - Section 16-123: Removal of snow, ice and dirt from sidewalks; property owners' duties
Search N.Y. ADC. LAW § 16-123 : NY Code - Section 16-123: Removal of snow, ice and dirt from sidewalks; property owners' duties
a. Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city,
abutting upon any street where the sidewalk is paved, shall, within four
hours after the snow ceases to fall, or after the deposit of any dirt or
other material upon such sidewalk, remove the snow or ice, dirt, or
other material from the sidewalk and gutter, the time between nine post
meridian and seven ante meridian not being included in the above period
of four hours. Such removal shall be made before the removal of snow or
ice from the roadway by the commissioner or subject to the regulations
of such commissioner. In the boroughs of Queens and Staten Island, any
owner, lessee, tenant or occupant or other person who has charge of any
ground abutting upon any paved street or public place, for a linear
distance of five hundred feet or more, shall be considered to have
complied with this section, if such person shall have begun to remove
the snow or ice from the sidewalk and gutter before the expiration of
such four hours and shall continue and complete such removal within a
reasonable time.
b. In case the snow and ice on the sidewalk shall be frozen so hard
that it cannot be removed without injury to the pavement, the owner,
lessee, tenant, occupant or other person having charge of any building
or lot of ground as aforesaid, may, within the time specified in the
preceding subdivision, cause the sidewalk abutting on such premises to
be strewed with ashes, sand, sawdust, or some similar suitable material,
and shall, as soon thereafter as the weather shall permit, thoroughly
clean such sidewalks.
c. Any person violating any provision of, or regulation adopted
pursuant to, subdivisions a and b of this section shall be punished by a
fine of not less than ten dollars nor more than one hundred fifty
dollars, imprisonment for not more than ten days, or both.
d. Whenever any owner, lessee, tenant, occupant, or other person
having charge of any building or lot of ground, abutting upon any street
or public place where the sidewalk is paved, shall fail to comply with
the provisions of this section, the commissioner may cause such removal
to be made.
e. The expense of such removal as to each particular lot of ground
shall be ascertained and certified by the commissioner to the
comptroller, who shall pay the same in the same manner as the expense of
removing snow from the streets is paid. Upon the payment of such
expense, the comptroller shall deliver a certificate thereof to the
council and the amount of such expense shall be added to and made to
form a part of the annual taxes of the next ensuing fiscal year against
such property, and the same shall be collected in and with and as part
of the annual taxes for such fiscal year. The corporation counsel is
directed and may sue for and recover the amount of such expense.
f. This section shall not be regarded as interfering with the owner of
any lots throwing into the roadway of the streets any snow or ice which
may be removed from the sidewalk or gutter directly in front of such
lot.
g. The term "lot" as used in this section shall include a space not to
exceed twenty-five feet in width fronting the street upon which the
violation is charged to have been permitted, committed or omitted.
h. Any person violating the provisions of subdivisions (a) or (b) of
this section shall be liable and responsible for a civil penalty of not
less than ten dollars nor more than one hundred fifty dollars for the
first violation, except that for a second violation of subdivision (a)
or (b) within any twelve-month period such person shall be liable for a
civil penalty of not less than one hundred fifty dollars nor more than
two hundred fifty dollars and for a third or subsequent violation of
subdivision (a) or (b) within any twelve-month period such person shall
be liable for a civil penalty of not less than two hundred fifty dollars
nor more than three hundred fifty dollars.
i. In the instance where the notice of violation, appearance ticket or
summons is issued for breach of the provisions of this section and sets
forth thereon civil penalties only, such process shall be returnable to
the environmental control board, which shall have the power to impose
the civil penalties hereinabove provided in subdivision h of this
section.
j. In the event that a violator fails to answer such notice of
violation, appearance ticket or summons within the time provided
therefor by the rules and regulations of the environmental control
board, he or she shall become liable for additional penalties. The
additional penalties shall not exceed three hundred fifty dollars for
each violation.
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